Investigation and inquest
On 8th September 2014 I commenced an investigation into the death of ANDREW JAMES PEACOCK, aged 20 years. The investigation has not yet concluded and the inquest has not yet been heard.
Circumstances of the death
The deceased was riding a motorcycle on a main road, with one carriageway in each direction. A large tractor with a long trailer measuring 16 metres drove from a minor road onto the main road from the motorcyclist's right. The motorcyclist swerved to his left, went onto the roadside verge having lost control of his motorcycle and suffered fatal injuries. The incident took place at late dusk, the motorcycle may have been travelling at a speed in excess of the national speed limit and the motorcyclist may have had a tinted helmet visor in the down position. There is an issue with regards to what the motorcyclist may have seen of the tractor and trailer and what the tractor driver may have seen as the motorcyclist approached him to his left. Criminal proceedings are being brought against the tractor driver.
Coroner’s concerns
(1) The tractor did not have and was not illuminating an amber warning beacon. It is possible that had the tractor been fitted with and was displaying such a flashing amber beacon the tractor and trailer might have been more readily visible to the motorcyclist who thus may have had greater opportunity to take evasive action and avoid the collision. Police collision investigators have advised that it was not necessary for the tractor to have fitted or indeed to have illuminated a flashing warning beacon because such regulations only apply to vehicles being driven on an unrestricted dual carriageway. I would draw your attention to Part 3, Regulation 26 of The Road Vehicles Lighting Regulations 1989 and, Part 2, Regulation 17, the Road Vehicles Lighting Regulations 1989.
Consideration could be given as to whether the use of such flashing warning beacons should apply to such vehicles travelling on all roads not just those falling with the ambit of the aforementioned 1989 Regulations.